Background: My Ugandan fiance has 3 children from a previous relationship. She never legally married the man (i.e. no marriage certificate), but they were considered married by the village (it was a local custom type situation). He passed away while she was still pregnant with her last child. I want to make sure I fill the form out correctly. FYI: My Ugandan lawyer interviewed her and confirmed she was never legally married, only cohabitating.
Question: Should I put Single or Widowed for her marital status? Should I put "Yes" or "No" for "Has your beneficiary ever been previously married?"
I could go either way on this...
Yes...she was informally married (not legally) and she has children to show for it (and he's on their birth certificates). The form doesn't seem to ask for a marriage certificate, so maybe USCIS doesn't care about the technical legal side. I can provide the death certificate of her previous partner, but without a marriage certificate, will that make sense to USCIS? Will they consider her widowed or never married?
No...she wasn't legally married and there's no marriage certificate. However, USCIS may wonder about the children and what her relationship is to the father. I can show with a death certificate that he died and their relationship is over.
Ultimately, I wonder if it will be confusing to USCIS if I put "Widowed" and answer "Yes" but have no marriage certificate to show, so I'm considering putting "Single" and "No" (which, according to my Ugandan lawyer, is the technical truth).